Wendy Molina-Linares v. Eric Holder, Jr.

575 F. App'x 729

• Court: Court of Appeals for the Ninth Circuit
• Decided: May 23, 2014
• Docket: 10-73647
• Status: Unpublished

Opinion

MEMORANDUM **

Wendy Ninosca Molina-Linares, a native and citizen of Honduras, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We grant the petition for review and remand.

In denying Molina-Linares’s asylum and withholding of removal claims, the BIA found Molina-Linares failed to establish past persecution or a fear of future persecution on account of a protected ground. When the IJ and BIA issued their decisions in this case they did not have the benefit of either this court’s decisions in Henriquez-Rivas v. Holder, 707 F.3d 1081 (9th Cir.2013) (en banc), and Cordoba v. Holder, 726 F.3d 1106 (9th Cir.2013), or the BIA’s decisions in Matter of M-E-V-G-, 26 I. & N. Dec. 227 (BIA 2014), and Matter of W-G-R-, 26 I. & N. Dec. 208 (BIA 2014). In light of these intervening decisions, and our decision in Perdomo v. Holder, 611 F.3d 662, 669 (9th Cir.2010) (remanding for the agency to determine “whether women in Guatemala constitute a particular social group, and, if so, whether [petitioner] has demonstrated a fear of persecution” on account of her membership in a protected group), we grant Molina-Linares’s petition for review and remand her asylum and withholding of removal claims for further proceedings consistent with this disposition. See INS v. Ventura, 537 U.S. 12, 16-18, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002) (per curiam).

PETITION FOR GRANTED; REMANDED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.